Fairhope, Alabama
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| Supreme Court rules for city. |
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| Large parcel at center. |
BRELAND CORPORATION v. CITY OF FAIRHOPE
According to councilman Burrell, the city has "prevailed" in a lawsuit that had its origins twenty years ago when a developer attempted to fill in some wetlands on a parcel he purchased south of town.
According to a Oct. 2016 Lagniappe report, "the case was brought by developer Charles K. Breland in 2013, but had roots stretching back to 2001, when Breland began planning to fill in 10.5 acres of wetlands ... and accused the city of targeting the property owner by adopting multiple city ordinances that delayed development in a wetland area for 11 years."
In 2014, a Baldwin County circuit court judge (Norton) granted a summary judgement in the city's favor, but that was appealed to the supreme court who agreed with Breland in 2016 ... and remanded the case back to the circuit court for litigation, which ultimately again sided with the city.
Breland again appealed to the Supreme Court, but this time it sided with the city as well, in December 2020.
Synopsis of the Supreme Court's December 2020 decision in the city's favor:
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| December 2020 Supreme Court decision. |
That decision was appealed too, according to Burrell, but now all litigation has expired; insurance will pay the city's legal expenses, he added.
During its last meeting (May 10), the city council passed a resolution authorizing the mayor to sign a mutual release agreement with Charter Oaks Fire Insurance (Travelers) in the matter.
It is not known at this time what Breland intends to do with the property or if new litigation is planned.
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| 2016 ruling back to county. |
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